Section 20
of Drug Trafficking (Recovery of Proceeds) Act
Section 20
(1)
Subject to subsection (2), if a person enters into or is otherwise concerned in an arrangement whereby —
(a)
the retention or control by or on behalf of another
(call him "A") of A's proceeds of drug trafficking is facilitated
(whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
(b)
A's proceeds of drug trafficking —
(i)
are used to secure funds that are placed at A's disposal;
or
(ii)
are otherwise used for A's benefit, knowing or having reasonable grounds to believe that A is a person who carries on or has carried on drug trafficking or has benefited from drug trafficking, he is guilty of an offence.
(2)
Where a person discloses to a police officer or to an officer of the Bureau a suspicion or belief that any fund or investment are derived from or used in connection with drug trafficking or any matter on which such a suspicion or belief is based —
Drug Trafficking
(Recovery of Proceeds)
(a)
the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by contract or by rules of professional conduct; and
(b)
if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if the disclosure is made in accordance with this paragraph, that is —
(i)
it is made before he does the act concerned, being an act done with the consent of the police officer or officer of the Bureau; or
(ii)
it is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it;
(c)
he shall not be liable in damages for any loss arising out of —
(i)
the disclosure;
(ii)
any act done or omitted to be done in relation to the funds or investment in consequence of the disclosure.
(3)
In proceedings against a person for an offence under this section, it is a defence to prove that —
(a)
he did not know or have reason to suspect that the arrangement related to any person's proceeds of drug trafficking;
(b)
he did not know or have reason to suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1); or
(c)
he intended to disclose to a police officer or to an officer of the Bureau such a suspicion, belief or matter as is mentioned in subsection (2) in relation to the arrangement but there was reasonable excuse for his failure to make disclosure in accordance with paragraph (b) of that subsection.
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 31
(4)
A person guilty of an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 14 years, to a fine or both.
(5)
In this section, a reference to any person's proceeds of drug trafficking includes a reference to any property which in whole or in part directly or indirectly represents in his hands his proceeds of drug trafficking.
Restriction on revealing disclosure under section 20.